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MARTIN v. DEPARTMENT OF VETERANS AFFAIRS

No. 04-3023.

412 F.3d 1258 (2005)

Michael MARTIN, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Precedential Opinion Issued: June 24, 2005.

Attorney(s) appearing for the Case

Jacqueline M. Sims, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued for petitioner. With her on the brief was Mark D. Roth.

Lisa Donis, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Brian M. Simkin, Assistant Director. Of counsel were Kent G. Huntington and Thomas Fatouros.

Before SCHALL, DYK, and PROST, Circuit Judges.

DYK, Circuit Judge.

Petitioner Michael Martin ("Martin") challenges an arbitrator's award sustaining his demotion by the Department of Veterans Affairs ("VA"). The VA demoted Martin because he no longer satisfied the conditions of employment as a police officer, having failed to pass the psychological assessment required to carry arms. Even accepting Martin's argument that the arbitrator may have applied an incorrect standard in reviewing the agency's decision and...

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